Empty Oil Drums & IBC’s, are you WM2 compliant?

January 2014, was not only the start of a New Year, but also signaled the introduction of the 3rd edition to the Hazardous Waste Regulations within the UK.

This latest update to the regulations; Waste Management 2 (WM2) identifies empty packaging as being a hazardous waste, if it contains any residue or contamination of a product that is dangerous, including mineral oils, even though they are not classed as hazardous or carried as dangerous goods under UN/ADR. This includes all types of packaging, for example steel or plastic drums, IBC’s etc.

The new guidance removes the previous allowance to consider the weight of the packaging when calculating if Empty, Uncleaned Packaging is to be considered as Hazardous Waste. The change means that any packaging that has contained a hazardous product and has been emptied but not cleaned or decontaminated must be considered a hazardous waste. The Packaging should not be crushed or bailed for scrap recovery, as it is controlled under both the hazardous Waste Regulations and the UN/ADR Dangerous Goods transport Laws, which require the label to remain in place and legible when carried. Such waste must now be consigned and treated in accordance with the hazardous Waste Regulations 2005. The Waste (England and Wales) Regulations 2011 state that waste must be disposed of in accordance with the Waste Hierarchy. To comply, any packaging that is suitable for reconditioning and re-use should not be sent for scrap recovery /recycling. It should also be noted that many scrap operations are typically not permitted to handle hazardous wastes and do not have facilities for treating hazardous residues.

From the 1st January 2014 to be compliant with WM2, companies need to ensure, that:

i The premises from which the waste is removed must be notified as hazardous waste producers (unless exempt from it)
ii The waste packaging must be consigned as hazardous waste
iii The site receiving the waste must have a suitable authorisation for waste
iv The site receiving the waste must send quarterly consignee returns to the Environment Agency, and to the waste producer.

Dawn Richardson, Director of Ramsden & Whale Limited, a leading Drum Reconditioning company and licensed Hazardous Waste disposal site, based in the West Midlands, has over 55 years of experience in the disposal of hazardous waste; welcomes the new regulations:

"Producers of waste packaging have a statutory Duty to ensure that they hand their waste to a suitably authorised person. They also have a responsibility to consider the waste hierarchy, for example, facilitating the reuse or recovery of their waste where possible. All reputable businesses that may collect or receive waste packaging should give you the advice set out above, and move the waste as hazardous waste as indicated.
You are strongly advised not to use any contractor who does otherwise."